Senate File 201 -S-3072 ReprintedAmend SENATESenate FILEFile 201 BYas COMMITTEEfollows: ON TECHNOLOGY (SUCCESSOR TO SSB 1070) (As Amended and Passed by the Senate March 14, 2023) A BILL FOR An Act relating to the criminal offense of stalking committed while utilizing a technological device and providing penalties.

BE1. IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

SFPage 2011, (3)before 90line as/rh/mb1 S.F.by inserting:

201<Section Section 1.

2.___.

3.___.

“Course of conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose, repeatedly utilizing a technological device to locate, listen to, or watch a person without authorization or legitimate purpose, or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.person.> 2.

Sec.Page 1, line 5, after <audio recording device,> by inserting <global positioning device,> 3.

4.By renumbering as necessary.

Section______________________________ 708.11,CHRIS subsectionCOURNOYER 1,SF Code201.1103 2023,(2) is90 amended-1- byas/rh adding1/1 the following new paragraph:

NEW PARAGRAPH .

e.

“Technological device” means any computer, cellular phone, smartphone, digital camera, video camera, audio recording device, global positioning device, or other electronic device that can be used for creating, storing, or transmitting information in the form of electronic data.

Sec.

5.

Section 708.11, subsection 3, Code 2023, is amended to read as follows:

3.

a.

A person who commits stalking in violation of this section commits a class “C” felony for a third or subsequent offense.

if any of the following apply:

SF 201 (3) 90 -1- as/rh/mb 1/3 S.F.

201 (1) The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and another person against whom the person has committed a public offense.

(2) The person commits stalking while in possession of a dangerous weapon, as defined in section 702.7.

(3) The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of age.

(4) The person utilizes a technological device while committing stalking.

(5) For a third or subsequent offense.

b.

A person who commits stalking in violation of this section commits a class “D” felony if any of the following apply:

(1) The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction or other court order which prohibits contact between the person and another person against whom the person has committed a public offense.

(2) The person commits stalking while in possession of a dangerous weapon, as defined in section 702.7.

(3) The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of age.

(4) The offense is a second offense.

b.

A person who commits stalking in violation of this section commits a class “D” felony if the offense is a second SF 201 (3) 90 -2- as/rh/mb 2/3 S.F.

201 offense which is not included in paragraph “a”.

c.

A person who commits stalking in violation of this section commits an aggravated misdemeanor if the offense is a first offense which is not included in paragraph “b” “a”.

SF 201 (3) 90 -3- as/rh/mb 3/3